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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28301
Experience:  25 years experience of all aspects of family law
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Following CAFCASS investigation (very favourable for me not

Customer Question

Following CAFCASS investigation (very favourable for me not so for ex-accusations of control and poor decision making)...I have. Sec8-order with sole residency... Ex has a major issue with that...

Ex has now told me that she has papers of some kind from the high court re appeal. Both boys are now in local school and their places at old school are not being held open(it's heavily over subscribed)...both boys have places at my local school. The school ex wants them to go to is 38-miles from me...two train rides and two hours away...

My question is two fold: what is the actual process and what are the time scales between lodging appeal and a hearing? Obviously the longer the better for my sons!
Submitted: 2 years ago.
Category: UK Family Law
Expert:  Clare replied 2 years ago.
Hi
During the court process and the meetings with CAFCASS was it clearly understood that Residence with you would mean a move of schools?
Claire
Customer: replied 2 years ago.
Yes... The judge made ref that it is implied as it was clearly too far to travel.His actual words were: "this is all to do with residency: wherever the boys reside is where they will be schooled"...He rejected change of residence with the boys going to school near ex; rejected 6-month trial and shared parenting... He went with the CAFCASS report almost to the letter...I should add she has told my son the papers sayI must take them to the school that is 38-miles away...
Expert:  Clare replied 2 years ago.
Hi
The children will start at their new schools no matter what.
Any appeal will take a few months depending on court time- however the fact that the Judge followed the CAFCASS officer down the line means that there is unlikely to be any risk of the school move being prevented
Claire
Customer: replied 2 years ago.

Thank you...


 


My ex is coming to my home tonight to 'serve papers' on me... I will read them and get back to you.


 


She is calling my sons daily and telling them that the judge has ordered me to keep the boys at their old school.


 


I think this is a little bit of 'gamesmanship'... please tell me that a judge wouldn't order me to do such a thing without even seeing or talking to me?


 


Rich

Expert:  Clare replied 2 years ago.
Hi
The only (very small) risk is that a Prohibited Steps Order has been made temporarily to stop the move - but in that case I would expect there to be a date within the next week to deal with it.
Claire
Customer: replied 2 years ago.
Ex has dropped off an appellants notice... Apparently the high court officer tried to call me -missed me and left a voicemail saying children should be left in their old school until he has read exs notice. I didn't even know I had a message! Now both boys are enrolled in the local school...Dominic has already started... I have received no documentation from any court ordering me to do anything.The appellants notice has a number of inaccuracies ... What should I do ? The appellant notice is asking for permission to appeal...
Expert:  Clare replied 2 years ago.
Hi
How did the voice on the phone identify itself?
Claire
Customer: replied 2 years ago.
It was a little broken but said it was a court officer... No call back number. But when I used the "return call" function on my voicemail acc my ex answered!

So...It's all very odd.

Strange a high court judge's assistant would use my exs phone to call me, order me to do something against a current order..
Expert:  Clare replied 2 years ago.
Hi
How very strange indeed - unless of course - as you have guessed I think - it was not a Court Official who called - because they would not under any circumstances do so.
The children can continue at their new schools without problem - the Court will has not yet decided if they will give her permission to appeal - let alone listed a date!
Claire
Customer: replied 2 years ago.
Hi Claire, sorry to be s pain but I am worried about this :-/ do you think I should ignore the above or try to confirm with the court?

Expert:  Clare replied 2 years ago.
Hi
Please ignore it - no one from the court telephoned you - this is not what they do.
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28301
Experience: 25 years experience of all aspects of family law
Clare and 4 other UK Family Law Specialists are ready to help you
Customer: replied 2 years ago.

On the 6th of Sept I received an order made by Justice XXXXXXCourt of Appeal- with the word REFUSED in the decision for ex to appeal. He cited a strong CAFCASS report and ended with the phrase 'M has in my judgement, identified no remotely arguable basis for an appeal.'

 

Sighs of relief all around...until this morning.

 

I received another letter from the Court of Appeal telling me there is a hearing on the 3rd of Oct 2012 to hear X's request for appeal!!! It has the same case number XXXXX

 

It goes on to say that I don't need to attend or submit anything and...that I will be sent a copy of the order made at the hearing!

 

What gives? Is this normal? Can she appeal again?

 

Very worried again...

 

Expert:  Clare replied 2 years ago.
Hi
She is entitled to Appeal against the refusal of the Appeal and is clearly doing so.
You need do nothing - even if she is successful one of the senior High Court Judges has already given his opinion on the likely outcome of any appeal!
Claire
Customer: replied 2 years ago.
Having a bit of a problem with ex at the moment... She is calling the boys and telling them they can go to her home EVERY weekend...the order doesnt say that. It has the usual clause that says things in the order can be changed with consent of course.

The latest is that she is telling them that she is coming to my home on Friday to take them out for a meal as its her birthday.

She has also made arrangements to have older sons friends over to her house this weekend... and then trying to convince the boys to come over.

I am worried that she may attempt to keep them...

Any suggestions please?
Expert:  Clare replied 2 years ago.
Hi
What contact is she meant to have?
Claire
Customer: replied 2 years ago.
Every 2nd weekend and half of hols etc...

No mention of birthdays...

Boys don't want to go but I know this is another tactic to undermine them living here...
Expert:  Clare replied 2 years ago.
HI
If they do not wish to go - do not let them go.
Tell her that if she turns up at your house you will call the police.
Discuss with your boys whether they wish you to ensure that her calls are blocked from their phones.
Claire
Customer: replied 2 years ago.
Thanks... I can see more court coming on...

Depressing...

I have told ex that I won't stand her calling and upsetting the boys...and will seek supervised visits...

Expert:  Clare replied 2 years ago.
Hi
Very depressing and very concerning - have you sought counseling for the boys?
Claire
Customer: replied 2 years ago.

they love their new school and are having counselling, I spoke to her today and she told me there is a long way to go...

Expert:  Clare replied 2 years ago.
Hi
If she continues in this way then you may have to ask CAFCASS to consider whether any direct contact is in the best interests of the children.
Claire
Customer: replied 2 years ago.

She won't stop. I know her...


 


I know court can be a roll of the dice sometimes, but I can't help thinking like a Policeman... I would need a fair bit of evidence to go for supervised contact and minimal 'phone contact, yes?


 


It's a tricky one: do I wait until the school has an evidence base (councillor, etc) I can draw from or... go now.


 


The first seems like the most likely to succeed but- has the problem of exposing the boys to more crazy/damaging behaviour... the second less exposure but less evidence...


 


I just feel for my sons...

Expert:  Clare replied 2 years ago.

Hi

In a month she has already behaved in odd ways.

My feeling would be that by Half term you will have more than enough to go with

Claire

Customer: replied 1 year ago.

Hi Claire... of course the inevitable has happened... the High Court of appeal has granted her permission to appeal the original appeal!


 


I have to file a skeleton argument before the 24th of October 4pm.


 


I fell sick to my stomach.


 


Now my poor sons are to face the prospect of being returned to her AGAIN...


 


The school have (as a matter of policy) provided councilling to my sons- the councillor immediately flagged the boys as a child protection issue from a point of view of emotional abuse from mum.


 


My one son Dominic (aged 12) has only been to his mums ONCE since the order was granted- he refuses because he is fed up of her rubbishing me and saying she will get them back.


 


 


My questions:


 


1. What is the skeleton argument, where/how do I submit it and what should it contain?


2. What happens after the argument is filed?


3. If we win, is it the end?


4. Can I get CAFCASS involved again?


 


Thanks...


 


Rich


 

Expert:  Clare replied 1 year ago.
Hi
Just to check - has she been given leave to actually appeal - or to appeal the refusal of the leave to appeal?
Claire
Customer: replied 1 year ago.
The second I think...
Expert:  Clare replied 1 year ago.
Hi
Then your role in this hearing is limited and you can simply argue that there are no grounds on which a successful appeal can be made and accordingly no grounds for leave being granted.
Please do not worry - even if she wins this round there is no chance that the boys will be returned to her
Claire
Customer: replied 1 year ago.

This is the text of the letter I received...

 

 

I

IN THE COURT OF APPEAL ON APPEAL FROM THE WORCESTER COUNTV COURT

BEFORE LORD JUSTICE XXXXXXXXXXXXX N THE MATTER OF The Children Act

 

ON READING the applicants Notice sealed on the 3rd September 2Ut2

filed by the Applicant mother applying for permission to appeal from the order of His Honour Judge XXXXXXXXXXX dated 23rd August 2012 AND ON HEARING the Apptrcant mother ran person and her McKensie friend

 

ITIS ORDERED that

I) permission to appeal be granted

2) the appeal to he heard before 2 or 3 Lords/Lady Justices one ¤I

wherein may be at Hugh Con Judge with a time estimate of 2 hours

3) the Respondent father to file a skeleton argument 4pm on Wednesday 24th October 2012...

 

Hope that helps...

 

Looks like permission to appeal against the appeal denial?

 

rich

Expert:  Clare replied 1 year ago.
Hi
That looks like in fact it is the full appeal
What grounds did she outline in her notice?
Claire
Customer: replied 1 year ago.

I had a sick feeling this may be the case...


 


I had no grounds for this appearance just a letter saying it was going to be heard.


 


The original appeal was aimed at four areas:


 


CAFCASS report was biased;


Judge Hooper didn't upheld the welfare list;


the effect a move would have on the children.


there were items missing from the order.


 


The hand written note is difficult to understand and is more of a rant.


 


She attended the hearing on the 3rd of October 2012 with a McKensie friend to argue in person.


 


My sons are horrified!


 

Customer: replied 1 year ago.
That the Cafcas report was biased ...
That Tom is autistic ergo should not be moved...
That things are missing from the section 8-(instructions re passports/Easter etc)...

That they are under my influence so much they do my bidding etc...
Expert:  Clare replied 1 year ago.
Hi
First - do not worry and do not let your children worry this is not going to change anything
Information on Skeleton Arguments is here
http://www.thecustodyminefield.com/SmartPhone/Writing-a-Skeleton-Argument-SP.htm
Remember this is about the Appeal not the actual case
So concentrate on the fact that the Order followed the CAFCASS recommendation and the report will have dealt with the check list
Although technically speaking it is not relevant to the appeal issue exhibit a letter from the school confirming how well they have settled in
Claire
Customer: replied 1 year ago.

I have now received a letter from the High Court of Appeal in London informing me of a hearing on the 7th of November 2012.


 


The usual blurb about document etc...


 


Scared now...


 


r

Expert:  Clare replied 1 year ago.

Hi

You will be fine and so will the Children.

Nothing in what you have said makes me think that the original Judgement was flawed in any way.

have you had a copy of the Judgement in full - if not get it from the court - it should have been transcribed by now

Claire

Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28301
Experience: 25 years experience of all aspects of family law
Clare and 4 other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Claire... When I have done the skeleton argument can I get you to view it and ask if it ok please?
Expert:  Clare replied 1 year ago.
Hi
Of course you can
Claire
Customer: replied 1 year ago.
The judges dismissed the appeal due to a number of factors: poor preparation by the ex's legal team and flawed arguments.

However, they directed a local hearing to address some of the ex's concerns re the order.

They also ordered a carcass report as to why the boys continue to avoid going to see her on the weekend contact...

I have advised my sons that whilst I understand their feelings of worry and upset at going, it's vital at the moment to show the court that we are not deliberately trying to score points or deny contact.

I am expecting a letter any day regarding an interim hearing date and statement from ex etc... She now has a barrister to argue for her and she is a very good one- she had me believing her :-)

I will, of course, update you with what they want... But I suspect it will be: to adjust the order to give ex in identical Oder to mine before the current (Wednesday evening contact) and some Easter contact.

Also, they may go for an order to reverse this one... Ex definitely lied to her barrister about one thing: the old school does not have any places left...I checked tis morning.

The other thing is Thomas' ASD ... They are using this to try to force a change... I have asked for the boys new school to get him assessed by the ed-psych... Also to clarify in writing what support he has...etc...

I will be in touch as soon as I have anything else!

Expert:  Clare replied 1 year ago.
Hi
Even good barristers get tripped up by facts.
Try not to worry about what the boys say.
You appear to have an excellent CAFCASS officer and I think that it is unlikely that he/she will force the children to have contact until they are ready
I do not think there is any chance of the order being reversed
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28301
Experience: 25 years experience of all aspects of family law
Clare and 4 other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.

I am curious: should I highlight the ex's blatant lie to her barrister (and therefore court) about places being available at the old school? The judges did not allow it to be on the table because it wasn't in writing-but...it may have been a decisive element to persuade them to change residency.


 


One judge did note the fact that in her written statement she stated the places had been taken then categorically confirmed there were places-she claimed to have checked.


 

Expert:  Clare replied 1 year ago.
Hi
It is not of great importance - but it goes to her lack of integrity
Claire
Customer: replied 1 year ago.
I am called to court on the 17th of Dec (I received notice today) for a directions hearing.

CAFCASS emailed me into a communication with her sol reminding them that he had not received documents re this and other matters raised at the appeal: transcript/her statement/my statement. He also reminded sol that he takes 8-weeks to interview/investigate and complete a report.

My question is: what can I expect?... She is asking for a mirror contact schedule and the boys to be returned to Hagley -despite written proof that there are no places left...
Expert:  Clare replied 1 year ago.
Hi
I would expect the Judge to make an order that says unless the information is provided within a certain short time period the Cafcass report will be prepared without it!
Claire
Customer: replied 1 year ago.
When I have completed my statement can I send to you for your critic please?
Expert:  Clare replied 1 year ago.
Hi
Of course - no problem
Claire
Customer: replied 1 year ago.

I, Richard XXXXXXXXXXX bn. XXXXXXXXX of XXXXXXXXXXXXXXXXXXXXXXX, make this statement consisting of five pages of my own free will and I make it knowing I may be prosecuted if I say anything false or anything I believe not to be true.

I make this statement on the 13th of December 2012.

 

This statement is a response to the statement of Agnieszka XXXX date stamped as 23rd of November 2012…it should be noted I only received this and notice of proceedings on the 12th of December 2012.

 

  1. Mrs XXXX states in paragraph one that she ‘promoted contact’ during my time as a none-resident parent. I would dispute that by the simple evidence that we have a contact order. The original order was in response to a total denial of contact by Mrs XXXX.
  2. In paragraph two Mrs XXXX states Thomas is autistic. However, the letter to Mrs XXXX’s previous solicitors, XXXXXXXXXXXXXX dated 8th May 2012, says clearly that Thomas ‘possibly’ had an autistic spectrum disorder and that Dr XXXXX had discharged Thomas due to him having ‘no medical health issues that needed on-going paediatric assessment’ (EX RAF1) . To date, I have not seen any diagnosis to say categorically that Thomas has an autistic spectrum disorder or Asperger syndrome.
  3. It is suggested in paragraph three that the order is not a mirror. This is partly true. However, it should be noted that the amendment to order made by Judge XXXXXX on the 21st of March added extra contact not in the original order because the boys were so distraught at being returned to Mrs XXXX. I am happy to discuss any changes to the order to make it more equitable.
  4. The disturbing behaviour noted by Mrs XXXX in paragraph five is, in my opinion, partly of her own making. There were bound to be teething troubles with the contact, made more difficult by the constant court action Mrs XXXX has initiated since the 23rd of August 2012. Thomas and Dominic feel more empowered by the fact their voices were heard by the court. I resent the accusation that I talk badly about Mrs XXXX to the boys-her own actions in forcing them to return toys given as gifts; constant belittling of myself and my partner Debbie XXXXXXX and the constant court action to get the boys back has made the boys angry and resentful towards her. As to the point about contact improving around court dates, it would be difficult to avoid this conclusion as we have been to court five times this year (so far) an average of once every two months. The boys are very happy here and they naturally are on occasion, not inclined to visit a mother that is upsetting them. I was moved to a ‘softly softly’ approach to this problem by explaining the consequences of not going to Mrs XXXX’s home and it seems to have worked as they now go every other weekend as ordered. Although I am still concerned that they are so against it and wonder why they are so upset with Mrs XXXX that they are seeking to reduce contact.
  5. In paragraph six Mrs XXXX says that she is concerned that Thomas calls her ‘Agnes’…this is odd as he has been calling her this for years-at her request. The insults are, of course, puerile and not good behaviour however, Thomas has often remarked that Mrs XXXX calls him ‘stupid’. The suggestion that Thomas is using CAFCASS as a threat is interesting as they both trust their officer Mr XXXX and are keen to point out Mrs XXXX’s bad behaviour to him. I suspect this is sadly just another example of the poor relationship they have with Mrs XXXX. As to the offensive comments regarding my behaviour during our marriage towards Mrs XXXX, I suggest that this is evidence of how little progress Mrs XXXX has made towards reconciliation.
  6. Mrs XXXX makes much of her opinion that Thomas’ is struggling at school and that they are receiving counselling. Apart from the obvious that what she does not say here is quite important, I suggest that this is subjective judgement: Thomas has seven subjects and he has good reports in four of them. In my opinion it is a good start for a year ten boy! Both boys receive counselling this was suggested by the staff at the school as a way of the boys being able to say how they felt without any pressure from outside influences. The staff were so concerned about what the boys said about their mother and their relationship, they referred them to Social Services as an emotional abuse matter. Social Services chose not to intervene as there were other mechanisms in play to deal with contact between the boys and Mrs XXXX (EX –RAF2). Mrs XXXX points out that Thomas is receiving only seven hours of support as opposed to the fifteen required by his statement. However, the school report (EX RAF3) states he actually receives sixteen hours-more than the statement requires. The bleak picture painted by Mrs XXXX is in contrast to my own observations of him talking to other children, playing ruby with them and making friends. I noted earlier that Mrs XXXX has not mentioned Dominic at all in her statement. This is not surprising to me as Dominic’s recent parents evening was one any parent would have been proud of. EVERY teacher spoke with glowing testimony about his willingness to learn and how intelligent and well read he is. Curious she should not mention this when she herself attended.
  7. Paragraph eight is confusing to me. Mrs XXXX suggests she has spoken to Hagley school and confirmed they would accommodate the boys should the court order a move. I have a letter from them (EX RAF4) from the head teacher dated 16th November 2012 clearly stating that they are full and both boy’s places have been reallocated to other students.
  8. In paragraph nine of Mrs XXXX’s statement she requests a move of schools again and seeks an expert to report on Thomas’ wishes and feelings. Ignoring for the moment that His Honour Judge XXXXXX discharged the specific issues order around schooling and that decision was tested at the court of appeal twice, the facts remain that: Hagley is a daily eighty mile round trip away; they do not have any places and the idea of moving seems to be in direct odds with the assumption that moving schools is upsetting to Thomas. In my opinion there is no need of any further investigation of either boy’s wishes and feelings; they have made them clear to CAFCASS and will do so again if ordered.
  9. I would also request that consideration be given to an order under S91 (14) of the Children Act being made as these constant court cases are beginning to erode the already delicate relationship between Mrs XXXX and the boys. Also, that should a further hearing be granted, CAFCASS ascertain from the boys why they are on occasion, reluctant to visit their mother.
Expert:  Clare replied 1 year ago.
Hi
Excellent - restrained and factual - well done
Claire
Customer: replied 1 year ago.

Did not go well I'm afraid.


 


Her barrister and legal team convinced the Judge that Thomas needs to be seen by a clinical psychologist presumably to see what would best serve him from an SEN point of view. That report to be made available to the CAFCASS officer to feed into another report about his schooling and the problems with contact (they hate going...). All this to be done by the middle of March 2013 for another final hearing set for three days.


 


I suspect that this is a prelude to an attempt to force Thomas back to Hagley school as it is an excellent school. This will be logistically difficult for me to do, so... they will go for a return of children to mum in order for the best schooling to be available to him.


 


They are drafting a new order for me to look over and approve too-with extra contact in the week (a Wednesday evening for a meal etc...).


 


I feel as if this is slipping away from me and there is nothing I can do to stop it... I received a VERY clear message from the judge that should any more contact issues arise, he will deal with and draw inferences from my in ability to make it work.


 


My one son, Dominic would rather go to school than go on holiday with her. Such is his level of dislike.


 


Do you think I should just give in to the school thing and find a way to make it work? It would be mega difficult -I would need to arrange work hours appropriate to the train etc...


 


Or continue...with the possibility I am being slowly out manoeuvred into returning the kids to her?


 


Another question: in 18-months time Thomas with be 16...will that make any difference?


 

Expert:  Clare replied 1 year ago.
Hi
No eight miles is too far for a child to go to school.
I understand your concern but stick with it.
Unless the Psychologist says that a further change is worthwhile then there will be no move - and by March the children will have been two terms in their new school.
You know that the children trust the CAFCASS officer - so carry on letting her have enough rope
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28301
Experience: 25 years experience of all aspects of family law
Clare and 4 other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.

But... if the psy does say it's worthwhile?


 


 

Customer: replied 1 year ago.
But... if the psy does say it's worthwhile?
Expert:  Clare replied 1 year ago.
Hi
I would be deeply surprised if he/she did when balanced against he need to move back to the care of the mother.
In any event that would have to be balanced with the expert opinion of the CAFCASS officer who knows the children well
Please try not to let this bother you - or you will be doing exactly what your ex wants.
You can and will win
Claire
Customer: replied 1 year ago.
Claire I am worried about yesterday. I am surprised that the judge told me in plain terms that I would be punished if I didn't force the children to see their mum. Is that normal ? Even though the school referred them to social services for suspected emotional abuse?

Angry my sons are again in the frame... It's just never ending...

Expert:  Clare replied 1 year ago.
Hi
She got it wrong - it happens.
It may be that the case before you involved a parent who had been playing games with contact.
It may be that you look just like her ex - or her daughters ex - or that she simply had a cold
Almost certainly she had not read the full file so simply made a throwaway comment which was wrong.
If there was an enforcement application however all of the papers would be read and the real story would emerge so please carry on as you have been doing and explain to the boys that the order requires them to go - no more and no less
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28301
Experience: 25 years experience of all aspects of family law
Clare and 4 other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Now my oldest is so upset and feels so powerless, he has told me he feels like killing himself.

He explained that his mother is pressuring him and his brother to change schools and live with her. She won't listen to him that he doesn't and he is scared of the three day hearing in march 2013...to decide where he is schooled... In effect she has pressed the reset button and we are back to last August.

I have notified the school and his mentor but I am just frustrated and worried... If I give him the option of staying away from her-she will breach, I will (if the judge is true to his word) end up in prison...

At the very least I will have given her another weapon to beat me with...

She has a legal team and a barrister...I have nobody... Present company excluded :-)

Options?
Expert:  Clare replied 1 year ago.
Hi
OK deep breathe?
Is the CAFCASS officer doing a further report?
Claire
Customer: replied 1 year ago.

yes...after the psych...


 


 

Expert:  Clare replied 1 year ago.
Hi
When is the psychological report?
Claire
Customer: replied 1 year ago.

not sure- sometime before the 20th of feb according to the letter...


 

Expert:  Clare replied 1 year ago.
Hi
Has your son been referred to counseling by the school/gp?
Claire
Customer: replied 1 year ago.

They are both receiving councilling at the moment... the councillor was the lady that referred them to Social services because of emotional abuse by mum...

Expert:  Clare replied 1 year ago.
Hi
Has the Counselor discussed the need for a formal referral to CAHMS?
Claire
Customer: replied 1 year ago.

Not yet but it's only a matter of time... I'm doing what I can to help him by telling him how unlikely a change of school is and that follows how unlikely a change of residence is but I cant rule it out due to the seemingly random thinking of judges... she is constantly lying to them too telling them she has places for them at hagley school, that she will get them to hagley and she has experts for court that will help her to win...


 


The pressure on them is huge. It's not helped by me forcing them to go to stay with her.

Expert:  Clare replied 1 year ago.
Hi
I have to say that I do not think she has any chance of winning base don everything that you have said - even allowing for a bad judge on the day.
That however is no help to your poor child at this stage.
I can see a way forward - but it is confrontational in its way.
However if your son is telling his counselor what he is telling you - and there is a referral to CAHMS (and if Cahms act quickly) you can apply to the court to change the current contact pattern to protect your son from the pressure being placed on him by your ex.
You should have sufficient reports to make this a realistic application
Claire
Customer: replied 1 year ago.
They have referred to social services who have predictably said they will not do anything to help...

I will contact school re cahms... But I suspect it's a waste of time. Thy wont do anything before March...

Poor kid.
Expert:  Clare replied 1 year ago.
HI
Social Services will indeed opt out I fear.
CAHMS is a different matter and it will depend on their in take system.
If the Counsellor is willing to give evidence you could make an application based on that
Claire
Customer: replied 1 year ago.

Hello...just keeping you in the picture...


 


The psychologists appointment is through for this fri (25th) ... this is a week after the file date given by the court (18th) ...


 


My son is relieved that I am taking him for the 3-hour assessment but has already indicated that he is of a mind not to go...


 


I know I can persuade him, but what would happen if he flatly refused? Would I be in serious trouble?


 


Also... is the failure to file by a date important?


 


Following the report being filed I will be hearing from CAFCASS...


 


Once that report is done I will have a better idea of what we can expect.


 


Do you think I may need a solicitor 'in the flesh' or a McKensie?


 


You know what a worrier I am ;-)


 


r

Expert:  Clare replied 1 year ago.
Hi
Who chose the psychologist?
Claire
Customer: replied 1 year ago.

They did...via the judge who approved in court...

Expert:  Clare replied 1 year ago.
Hi
The slight delay will not cause a problem (it often happens)
If you did not take him it would reflect badly on you and would undoubtedly give your ex an argument (this time a genuine one) to use against you
Claire
Customer: replied 1 year ago.

Update...


 


Ex/School/myself given reports to fill in...


I scored son 16.5, School scored 17.5 and ex scored 37.5...


 


Following examination, Psychologist states in her report:


Son is not autistic...possibly has Aspergers but not autism


Ex/School/myself given reports to fill in...


That ex has 'little empathy for son...


That ex has little understanding of the effect court is having on Thomas...


That ex had deliberately scored high for son for reason unknown...


 


Cafcass report not completed yet as the officer is ill in hospital and court likely to be adjourned until April 20ish.


 


Son has self harmed with a razor...he scratched his arms several times... School noticed... CAFCASS referred to Social Serv... GP aware and we are going to see her asap... with a view to CAHMS appointment... Son stated nobody is listening and he was angry at his mum and being forced to go...


 


He has not gone on the weekend contact...other son has gone...


 


Her sol has emailed me twice: first, to warn me that ex may take me to court to enforce... and second to say CAFCASS have emailed them to suggest a reduction in contact temporarily...but I am still in the frame for court action.


 


What should I do?

Expert:  Clare replied 1 year ago.
Hi
It is hard to read your question without grieving at the damage being done to your children.
For now I suggest you make it clear than if they do not agree the Reduction you will make an application to the court
Claire
Customer: replied 1 year ago.

i am at my witts end...will do thank you..

Expert:  Clare replied 1 year ago.
HI
I hope all goes well
Claire

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